Terms and Conditions

GENERAL TERMS AND CONDITIONS

1. Offers made on the website or telephone are non-binding. When an order is placed online over the Provider’s website or over the phone using the Provider’s telephone hotline, the contract shall become binding, including the Customer’s payment obligation. The contract is deemed to be concluded as soon as the order button is pressed or when the phone operator informs the Customer that a binding order has been placed. A subsequent order confirmation serves only to document that the contract has been concluded.
2. The Provider is entitled to withdraw from the contract if the quantity of entry tickets or gift vouchers available has expired. It undertakes to inform the Customer of this within 5 days. If the Customer has completed their payment within this period, the Provider undertakes to reimburse this amount without delay.
3. If the Provider’s supplier fails to deliver the ordered products to the Provider despite its contractual obligations, the Provider is likewise entitled to withdraw from the contract. In this case, the Provider shall inform the Customer without delay that the ordered products are not available. The purchase price already paid shall be reimbursed without delay.
4. The Customer is entitled to withdraw from the contract in written form or by sending back the products within two weeks. If the Customer has decided to withdraw from the contract, they shall be liable for the costs for returning the products. If you cancel this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us). For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. If you have requested that the service should commence during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
5. The Provider is not obliged to accept returned entry tickets or gift vouchers. For services in the field of leisure activities with a specific date or period of performance – particularly for the sale of tickets to theme parks and events – the right of return or withdrawal does not exist in the case of distance contracts in accordance with Article 312g II sentence 1 no. 9 of the German Civil Code (BGB – Bürgerliches Gesetzbuch). Every order becomes binding when the relevant contract comes into effect and requires the Customer to complete the payment.
6. However, the Provider will accept returned entry tickets and reimburse purchase prices if the event has been cancelled by the Provider. The purchase price will normally be returned and reimbursed no more than two weeks after the date of the event. When entry tickets are purchased over the website or the Provider’s telephone hotline, the purchased tickets must be returned by post to the following address if the Provider has agreed to accept them: PHANTASIALAND Schmidt-Löffelhardt GmbH & Co. KG, Ticketing, Berggeiststrasse 31-41, 50321 Brühl.
7. Products can only be returned if they have not been used. The Provider is able to withhold any reductions in value caused by the use of any products ordered.
8. Unless agreed otherwise, products are delivered from the warehouse to the delivery address specified by the Customer. Upon handover of the products to the transport company commissioned by the Provider, the risk is transferred to the Customer. Any information regarding delivery deadlines is non-binding unless a binding delivery date is specified in exceptional circumstances.
9. The purchase price is due as soon as the order is place. Delivery will not take place until the payment amount has been credited to the Provider’s account. Tickets that are issued electronically and printed by the Customer shall not be valid until full payment has been received.
10. The Provider is not obliged to replace any entry tickets or gift vouchers that are lost by the holder or that otherwise go missing while the holder is responsible for them.
11. Any delivered entry tickets, products or gift vouchers shall remain the Provider’s property until all outstanding claims against the Customer have been settled. If the Customer fails to pay, the Provider may demand that entry tickets, products or gift vouchers are returned or may block the use of entry tickets or gift vouchers. If entry tickets or gift vouchers that have not been paid for are blocked, reimbursement shall be excluded for expenses incurred by the ticket or voucher holder for ignoring the payment reminder.
12. Multiple print-outs of an entry ticket or gift voucher or any other duplicates created for the purpose of misuse are prohibited. The specific barcode / QR-Code on the entry ticket or gift voucher is validated the first time it is scanned when visiting the event.
13. The Customer must check any entry tickets or gift vouchers immediately upon delivery to make sure they are correct and match the order (particularly the quantity, event name, date or period of validity, category, ticket price or voucher value). These and other obvious deviations or defects must be reported to the Provider in writing without delay but no later than 10 days after receipt of the tickets or vouchers in order to give the Provider the chance to correct the problem. For short-notice orders completed less than ten days before the event or validity period in question, the written complaint must be submitted without delay, but no later than two days following receipt of the entry tickets and must have been received by the Supplier by 12 p.m. on the last day before the event or start or the validity period at the latest to give the Provider the chance to correct the problem.
14. When purchasing products, the Customer must report obvious defects to the Provider in writing within 4 weeks of receiving the products; failure to adhere to this deadline will exclude any warranty rights. The receipt of the complaint by the Provider is decisive when checking compliance with the deadline.
15. The Provider is entitled to reject any complaints received after this deadline.
16. If the purchased product contains any defects, the Customer can decide whether to have the defect rectified or replaced by a fault-free product.
17. The Provider must be given a suitable deadline to rectify the defect/replace the product. The Provider is entitled to reject the option selected by the Customer if it will incur disproportionate costs and the Customer deems the other option to be reasonable.
18. If the Provider is unwilling or unable to rectify or replace the product due to the disproportionate scale of work required, if the Provider delays this process beyond a suitable deadline for reasons for which the Provider is responsible, or if the rectification/replacement process fails for any other reason, the Customer is entitled to withdraw from the contract, request a reduction in the purchase price or claim damages.
19. The Customer is not entitled to withdraw from the contract in the case of minor defects.
20. In the event of defects caused during the transportation of entry tickets, products or gift vouchers, the Customer must return the product in its original packaging to the Provider with as accurate a description of the problem as possible and a copy of their invoice. The original packaging may not be used to return the product.
21. The warranty period for products is two years following delivery of the product. This does not apply if the Customer has failed to report obvious defects to the Provider in good time.
22. The Provider is entitled to process all data related to the business relationship with the Customer in accordance with the German Data Protection Act.
     
    By purchasing a ticket or booking a Phantasialand service such as hotel accommodation, organising an event, visiting a restaurant, etc., the customer consents to receiving information about Phantasialand products.
     
    If this is not desired, a simple message to info@phantasialand.de is sufficient to delete this entry.
     
    Personal data belonging to the Customer, the holder of the entry ticket, or the gift voucher holder will be collected, processed and used in an automatic process to the extent required to execute the contract and business relationship and in accordance with data protection law. If payment methods are applied, the Provider is entitled to disclose the payment data to third parties in order to complete the payment process. Any other data collected will be used exclusively for internal statistical purposes. Analyses are performed only using data that has been rendered anonymous.
     
    The Customer instructs their bank (named by specifying the bank's sort code), credit card company or payment provider to notify the Provider or a third party commissioned by the Provider of the Customer’s name and address upon request in the event of a failed or rejected direct debit so that the Provider is able to assert its claim against the Customer.
23. The Customer is not permitted to resell any entry tickets or gift vouchers (original tickets or entry tickets or gift vouchers printed by the Customer) for a price that exceeds the price indicated on the product. Commercial resale activities are prohibited. Violation of these conditions shall lead to the loss of access to the park as acquired through the entry ticket or gift voucher without compensation. Entry tickets and gift vouchers shall be rendered void.
24. Upon placing an order, the Customer accepts Phantasialand’s Terms and Conditions of Entry and Use.
25. Upon procuring an entry ticket, the Customer acquires the right to access Phantasialand or the specific event once on each day in accordance with the entry day or validity period printed on the ticket.
     
    The Customer is therefore entitled to use all services offered to all visitors to Phantasialand or the specific event on the day in question.
26. If the Customer fails to use the service during the validity period of the entry ticket or gift voucher, they shall not be entitled to any reimbursement of the purchase price or access to the park/event on another day.
27. Upon entering the park, the Customer shall not be entitled to the full, uninterrupted operation of all park attractions. Disruptions to operations, maintenance work or the closure of individual attractions for an entire day are not deemed to be deficits.
     
    The Customer is not entitled to damages in any of these cases. This does not apply to claims to damages resulting from the contractual use of attractions by park visitors.
28. In the case of events and performances, the Provider reserves the right to change the programme and cast in a way that is reasonable to the Customer, under consideration of the Provider’s interests. For instance, changes caused by illnesses or absences in artistic performances, in particular, cannot always be avoided. They must be accepted if the general nature and scope of the announced event remains in tact overall.
     
    Unless specified otherwise below, all other claims by the Customers are excluded regardless of their legal grounds.
29. The Provider is not liable for damages that do not affect the delivery product itself; in particular, the Provider is not liable for any loss of profits or other financial losses incurred by the Customer.
30. Insofar as the Provider has only committed a minor infringement of its contractual duties, liability in the case of gross negligence and the violation of material contractual duties caused by ordinary negligence shall be limited to direct average damages typical for the contract. In the event of a slightly negligent breach of immaterial contractual duties, the liability of the Provider shall be excluded.
     
    Insofar as liability on the part of the Provider is excluded or limited, this shall also apply for the personal liability of staff, representatives and vicarious agents.
     
    The Provider is not liable for disruptions caused by circumstances beyond its control. In particular, the Provider is not liable for any disruptions caused by the failure or interruption of the telecommunications network or power supply. The Provider is not liable for the correctness of any data provided online nor is it liable for the fault-free operation of its online presence.
     
    The aforementioned limitation of liability does not apply in cases of statutory liability, e.g. in accordance with product liability law, in cases of intention, gross negligence and infringement of material contractual duties.
31. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
32. For contracts with commercial entities, Brühl is defined as the place of performance and jurisdiction; in all other cases, the provisions of the German Civil Code apply. German law applies in all cases. The place of performance is Brühl.
     
    In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.
33. The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: https://ec.europa.eu/consumers/odr/main/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
34. Should one of the provisions in these Terms and Conditions or any other agreements be or become invalid, this shall not affect the validity of the remaining provisions.